Spousal Support

Westchester County Alimony and Spousal Support Attorney

In addition to the emotional upheaval divorce usually brings, it can also freak havoc on your finances — now and in the future. It is often the case that one spouse requests alimony in order to supplement his or her income after a divorce.

Whether you are the spouse who needs spousal maintenance, either temporarily or for a longer period of time, or the spouse who must make payments, at the Law Offices of Nicholas P. Barone, we understand how important fair and reasonable alimony payments are to your financial well-being. Contact our Westchester County alimony and spousal support lawyer to gain an important confidante and legal advocate.

Spousal Support Payments

Alimony is intended to make sure that neither divorcing spouse is left in an unfairly weakened financial state at the end of his or her marriage. Under New York law, there is not a "formula" for permanent alimony payments. Rather, spousal support is awarded based on a court's consideration of each case's unique circumstances, including:

  • Length of the marriage
  • Age and health of both spouses
  • Earning capacity of the spouse requesting alimony payments
  • Contributions of each spouse to the marriage
  • Ability of the spouse who will receive payments to increase his or her earning capacity and support himself or herself

In many cases, it may be beneficial to both parties to negotiate a settlement on spousal maintenance payments to be approved, rather than determined, by the court. Attorney Barone is a tough advocate who will fight to protect your rights to fair alimony, whether in settlement negotiations or at trial.

We can also assist with modification and enforcement of court orders regarding alimony payments if circumstances change.

Ensuring Correct Application of the New Temporary Maintenance Guidelines

As of October 12, 2010, the formula to determine temporary maintenance payments is to be the lesser amount of 30 percent of the income of the spouse who earns more money, decreased by 20 percent of the income of the spouse earning less money, and 40 percent the spouses' combined income, decreased by the income of the lower paid spouse.

Our lawyer will make sure that all income of both spouses is discovered and included in this calculation, and that money that should not be considered income is not classified as such, to ensure a fair payment.

Contact Our Law Firm, Serving Surrounding Communities

Contact us today by e-mail or call 914-288-6283 to arrange for an appointment with Mr. Barone, our Yonkers temporary maintenance attorney. We serve clients from Bronx County, Westchester County, Putnam County, Dutchess County and neighboring communities from our conveniently located office in White Plains, New York.